Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024
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Duty to preserve and furnish statement of relevant records | ||
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9. (1) An information source shall, subject to subsections (8) and (11), in respect of a relevant record in his or her possession— | ||
(a) retain the relevant record, | ||
(b) maintain the relevant record, and | ||
(c) where the relevant record is in the State, prevent the removal of the relevant record from the State. | ||
(2) The Director may, where he or she is of the view that— | ||
(a) a person is in possession of a relevant record, and | ||
(b) it is in the public interest to preserve the relevant record for the purposes of this Part, | ||
and where it is necessary and proportionate for the purposes of this Part to do so, direct, by notice in writing, the person concerned to furnish to the Director within such period, being a period of not less than 3 months, as may be specified in the notice, a statement, in such form as may be specified by the Director, of the relevant records in the possession of the person concerned on the date on which the statement is made. | ||
(3) A person who receives a notice under subsection (2) shall, subject to subsection (5), furnish to the Director within the period specified in the notice— | ||
(a) where he or she is not in possession of a relevant record, a statement that he or she is not in possession of a relevant record, or | ||
(b) where he or she is in possession of one or more than one relevant record, a statement of the relevant record or relevant records concerned. | ||
(4) Where an information source who has furnished a statement in accordance with subsection (3)— | ||
(a) becomes aware that a relevant record was in his or her possession on the date on which the statement was furnished but was not specified in the statement furnished in accordance with paragraph (b) of that subsection, or | ||
(b) comes into possession of a relevant record after the statement is furnished, | ||
the information source shall, subject to subsection (5), as soon as practicable but not later than 6 weeks after the date on which the information source becomes so aware or comes into such possession, as the case may be, furnish to the Director a statement, in such form as may be specified by the Director, of the record concerned. | ||
(5) The Director may extend the period specified by him or her in a notice under subsection (2), or referred to in subsection (4), on application to him or her in that behalf in writing by the person concerned before the expiration of the period concerned, if the Director is satisfied that there is good and sufficient reason for the extension— | ||
(a) due to the volume or complexity of the relevant records concerned, or | ||
(b) where it is otherwise likely that it will not be possible for the information source to furnish the statement concerned. | ||
(6) The Director may, subject to subsection (9), certify on application to him or her in writing by a person who is in possession of a relevant record, that the record concerned does not warrant preservation for the purposes of this Part. | ||
(7) For the purposes of providing certification of a relevant record in accordance with subsection (6), the Director may do either or both of the following: | ||
(a) inspect and examine the record which is the subject of the application under that subsection; | ||
(b) request further information in relation to the record concerned from the person making the application. | ||
(8) Subsection (1) shall not apply in respect of a relevant record where the Director certifies, in accordance with subsection (6), that the relevant record does not warrant preservation. | ||
(9) The Director shall certify that a relevant record does not warrant preservation in accordance with subsection (6) only where— | ||
(a) he or she is satisfied that the relevant record is already in the public domain, or | ||
(b) he or she is of the view that— | ||
(i) the condition of the relevant record is such that the record does not warrant preservation, | ||
(ii) the relevant record has no archival value, having regard to this Part, or | ||
(iii) there is no historical or public interest in preserving the relevant record for the purposes of this Part. | ||
(10) The certification of a relevant record in accordance with subsection (6) shall not affect any obligations on a person to preserve the record for a purpose other than a purpose under this Part. | ||
(11) Nothing in subsection (1) shall prevent— | ||
(a) compliance by an information source with his or her obligations under section 48(5) of the Act of 2022, | ||
(b) compliance by an information source with his or her obligations under the Commissions of Investigation Act 2004 relating to the work of a commission established under that Act to investigate any matter related to an institution or an activity of a relevant body, or | ||
(c) the sale, donation, bequest or loan by an information source of a relevant record in accordance with section 4(1)(f) of the Act of 1986. | ||
(12) The Director may prepare and publish guidelines, in such form and manner as he or she considers appropriate, on any matter to which this section relates. |